‘Would you want to buy it?’
The city of Washington solicitor agrees a lot under easement and undergoing renovations can be sold by its owners, but asked, “Would you want to buy it?”
“If someone is willing to buy it, they would be buying a piece of property with this (easement) contingency on it,” said attorney John F. Cambest.
Lot owners John and Shirley Richman put a parcel, located behind The George Washington hotel at East Wheeling Street and Shaffer Avenue, up for sale last week, after signing a three-year easement with city officials March 6, 2014, allowing improvements of the once-vacant lot and construction of a small park. The Richmans also agreed to grant a permanent easement or to convey the property once the park was completed.
“This temporary Easement and/or right-of-way shall automatically expire on a date three years from the date of execution of this Easement unless the Grantee shall have constructed the aforesaid described parklete on the described Easement and/or right-of-way. Upon the completion of the aforesaid parklete by the Grantee, Grantors agree to grant a permanent easement and/or right-of-way for the maintenance, operation, repair and/or replacement of the aforesaid parklete and/or to convey the aforesaid described premises by General Warranty Deed, to the Grantees,” reads the grant of easement signed by the Richmans and Mayor Brenda Davis.
The city collaborated with local nonprofit WashArts and Western Area Career and Technology Center students in cleaning up the space and installing a gazebo, picnic tables and planters. A mural, bird baths, plants and placement of a student-made sculpture also are in the works.
In addition to a gathering space for residents, WashArts intends to use the park for community and cultural events and will present live music and children’s crafts during the upcoming Whiskey Rebellion Festival.
After seeing the “for sale” sign on the property last week, WashArts volunteer Steve Leonardi took the sign down.
“It’s a big joke,” said John Richman. “I own the property. They have no right to take my sign down. I have a right to sell my property.”
Richman said he never intended to give the property to the city.
“An easement is not a deed,” he said. “I saw the improvements. I thank them very much for putting their building on my property.”
“He can sell it if he wants to, but any buyer will be bound to (the agreement)” said Cambest. “We’re moving ahead with improvements.”